Criminal Procedure Code, 1973, Section 216, 362 -- Alteration of charge - Court is vested with power to alter or add to any charge at any time before judgment is pronounced - In view of specific provision u/s 261 Cr.P.C, bar u/s 362 Cr.P.C is not applicable in case of alteration of charge by Court...........
Criminal Procedure Code, 1973, Section 216, 362, Indian Penal Code, 1860, Section 302, 376, 306 -- Alteration of charge from S.306 IPC to Ss.302, 376 IPC - Error or omission in framing charge was brought to notice of trial Court by de-facto complainant and accordingly charge was altered upon perusal of material which was overlooked - Alteration of charge is not barred by..........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge from S.306 IPC to S.302 IPC - Charge framed u/s 306 IPC - Complainant or State did not challenge that charge - Satisfaction of trial Court qua charge attained finality - Mere allegation of complainant that his son is murdered is not sufficient to frame charge u/s 302 IPC, in absence of any other..........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge from S.306 IPC to S.302 IPC - Last seen evidence - Merely evidence of last seen with deceased is no ground to frame charge u/s 302 IPC against accused, unless it is accompanied by other facts which constitute a complete chain to incriminate accused, which leads to only one conclusion that it is accused only..........
Criminal Procedure Code, 1973, Section 216, 386, 464 -- Alteration of charge - An alteration of charge where no prejudice is caused to accused or prosecution is well within powers and jurisdiction of Court including Appellate Court - It is only when any omission to frame charge initially or till culmination of proceedings or at appellate stage results in failure of justice..........
Criminal Procedure Code, 1973, Section 216, Indian Penal Code, 1860, Section 149, 34 -- Alteration of charge from S.149 IPC to S.34 IPC - If common object which is subject matter of charge u/s 149 IPC does not necessarily involve a common intention, then substitution of S.34 IPC for S.149 IPC might result in prejudice to accused and ought not therefore to be permitted -..........
Criminal Procedure Code, 1973, Section 216, Indian Penal Code, 1860, Section 149, 34 -- Alteration of charge from S.149 IPC to S.34 IPC - Fight between two groups by exchanging gun shots - 11 accused convicted - Eight co-accused were acquitted by High Court u/ss 302, 149 IPC - Charge u/s 149 IPC collapsed against rest of 3 accused, as there could be no unlawful assembly..........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - It is not necessary that alteration of charge can be considered only after recording of evidence...........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - It is not necessary that application for alteration of charge ought to have been moved by Public prosecutor...........
Indian Penal Code, 1860, Section 304(Part II), 324, 341, 147, 148, 149 -- Offence u/ss 304(Part II), 324, 341, 147, 148, 149 IPC - Fifteen named accused and some unnamed accused were mentioned in complaint itself - However, no motive alleged in the complaint - No independent witnesses examined apart from injured witnesses to prove prosecution case - Even injured witnesses..........
